Penalties

12. Penalties (1) If any examinee is caught cheating or causing another examinee to cheat in a competitive examination (online and offline) or to have indulged in unfair means as defined under section 2(g)(1), he shall be punished with imprisonment of description for a term of three years and with fine which shall not be less than rupees five lakh and in default of payment of fine, such examinee shall be punished with imprisonment for a term of nine months: Provided that if any examinee is found in repeated offence of cheating or causing another examinee to cheat in any other competitive examination (online and offline) or to have indulged in unfair means as defined under section 2(g)(1), he shall be punished with imprisonment of description for a term which shall not be less than seven years and with fine which shall not be less than rupees ten lakh and in default of payment of fine, such examinee shall be punished with imprisonment for a term of two and half years. (2) If any person, printing press, service provider contracted or ordered for examination, management for conducting examination, any person and organization authorized to keep and transport the examination material, any employee of the examination authority, limited liability partnership, coaching centre or any other institution has indulged in conspiracy or otherwise unfair means as defined in clause 2(g)(2) attempts to be so or contravenes or abets the contravention of any of the provisions of this Act, shall be punished with imprisonment of description for a term which shall not be less than ten years but which may extend to life imprisonment and shall also be punished with fine which shall not be less than rupees two crore but which may extend to rupees ten crore and in default of payment of fine, such person shall be punished with imprisonment for a term of three years. (3) If any person in an organized crime conspires with the examination authority or otherwise indulge in unfair means or contravenes or abets to contravene any of the provisions of this Act, he shall be liable to be imprisonment of either description for a term which shall not be less than ten years and may extend to life imprisonment and with fine which shall not be less than rupees two crore but which may extend to rupees ten crore and in default of payment of fine, such person shall be punished with imprisonment for a term of three years. (4) Whoever commits theft, extortion or robbery of question papers or destroy by any unauthorized means answer sheet or Optical Mark Recognition (OMR) sheets of any competitive examination, at any time, before or after the examination in such question paper is over, shall, notwithstanding anything to the contrary contained in the Indian Penal Code, 1860 (Act No. 45 of 1860) be punishable with imprisonment of either description for a term which shall not be less than seven years but which may extend to ten years and with fine which shall not be less than rupees one crore but which may extend to rupees two crore and in default of payment of fine, such person shall be punished with imprisonment for a term of three years.